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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Manju Devi was arrested on 1 November 2025 in connection with a case under Section 143(4) of the Bihar Narcotic Substances Act, 2023, alleging she and a co‑accused lured a child for sale. She applied for bail, claiming innocence and that the FIR was fabricated, while the prosecution relied on a victim’s statement recorded under Section 183 of the Bihar Narcotic Substances Act, 2023, and alleged a confession and prior criminal antecedent. The court examined the seriousness of the offence, the alleged confession, and the petitioner’s custody since November 2025. Weighing the arguments, the court granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was conditioned on compliance, with provision for cancellation if conditions are breached.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 143(4) of the BNS, 2023 despite alleged confession and prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 143(4)
  • Section 183
  • confession
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6405 of 2026
                    Arising Out of PS. Case No.-369 Year-2025 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
                 Manju Devi Wife of Krishna Chauhan Resident of Village- Mahmmadpur
                 Beldaria, Ps- Asthawan, Dist- Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                    Heard Mr. Arvind Kumar Sinha, learned counsel for

                   the petitioner and Mr. Mohammad Sufyan, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.11.2025 in connection with Ashthawan P.S. Case No. 369 of

                   2025, F.I.R. dated 31.10.2025 for the offences punishable under

                   Section 143(4) of the BNS, 2023.

                               3. According to prosecution case, this petitioner along

                   with another co-accused have enticed away the grand daughter

                   of the informant in order to sold her.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and she has falsely been implicated in the

                   present case. The allegation as alleged in the FIR is false and

                   fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.6405 of 2026(3) dt.23-03-2026
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          alleged in the FIR. The informant is not the eye witness of the

          alleged occurrence. The petitioner is in custody since

          01.11.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the statement of the victim was recorded under

          Section 183 of the BNSS, 2023 in which the victim has stated

          the involvement of the petitioner in the present occurrence and

          the petitioner has also confessed his guilt in the present crime in

          question. Apart from the aforesaid, the petitioner carries one

          criminal antecedent other than the present one but fairly submits

          that she is on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Judicial

          Magistrate 1st Class, Biharsharif at Patna in connection with

          Ashthawan P.S. Case No. 369 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.6405 of 2026(3) dt.23-03-2026
                                                        3/3




                      on her absence on two consecutive dates without sufficient

                      reason, her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed her

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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